Hdb Financial Services Limited vs The Consumer Disputes Redressal ...
2021 Latest Caselaw 17695 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
                        WP(C) NO. 6317 OF 2021
PETITIONERS:

    1       HDB FINANCIAL SERVICES LIMITED
            BRANCH OFFICE AT 2ND FLOOR, DOOR NO.37/1912 J,
            CHAITHANYA BUILDINGS, OPPOSITE SWAPNIL APARTMENTS,
            KALOOR KADAVANTHARA ROAD, KADAVANTHARA, KOCHI, KERALA-
            682 017. REPRESENTED BY ITS AUTHORIZED OFFICER.

    2       THE BRANCH MANAGER,
            HDB FINANCIAL SERVICES LIMITED, 2ND FLOOR, NAYA BAZAR,
            KOTTACHERY, KANHANGAD, KASARGOD-671 315, REPRESENTED BY
            ITS AUTHORISED OFFICER.

            BY ADV P.PAULOCHAN ANTONY



RESPONDENTS:

    1       THE CONSUMER DISPUTES REDRESSAL FORUM
            KASARGOD, CIVIL STATION COMPOUND, VIDYANAGAR, KASARGOD-
            671 121, REPRESENTED BY ITS SENIOR SUPERINTENDENT.

    2       MOHAMMED FAROOK,
            AGED 35 YEARS
            S/O.ABDUL RAHIMAN, BAJAPPE HOUSE, KIDOOR P.O., KIDOOR,
            KASARGOD DISTRICT-671 321.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.6317/2021
                                        2

                     P.V.KUNHIKRISHNAN, J
               -------------------------------
                    W.P.(C)No.6317 of 2021
              --------------------------------
            Dated this the 27th day of August 2021


                                  JUDGMENT

The above Writ petition is filed with following

prayers:

"i) Issue a writ of Prohibition or any other appropriate writ or order or direction calling for the records leading to Exhibit-P7 complaint and set aside the same.

ii) To declare that the Exhibit-P9 order passed by the Respondent No-1 is without jurisdiction since the Respondent No-1 has no jurisdiction to stay the proceedings under Arbitration and Conciliation Act.

iii) To issue a writ of certiorari or any other writ or order to quash Exhibit-P9 order.

iv) Issue an appropriate writ, order or direction directing the Respondent No-1 to consider the Exhibit-P10 counter statement filed by the Petitioner and pass fresh orders.

(v) To pass any other order as this court deems fit."

2. Ext.P9 is an order passed by the Consumer

Disputes Redressal Forum, Kasargod. The learned

counsel for the petitioners conceded that Ext.P9 WP(C) NO.6317/2021

order can be challenged as per Section 15 of the

Consumer Protection Act. In such circumstances,

according to me, this writ petition is not

maintainable.

3. When this writ petition came up for

consideration on 10.03.2021, this Court passed an

interim order staying Ext.P9 order. In such

circumstances, the petitioners can be given three

weeks time to file appropriate proceedings before

the appropriate authority in accordance to law.

Till then the interim order can be continued.

Therefore, this writ petition is disposed in the

following manner:

(i) Ext.P9 order will be kept in abeyance

for a period of three weeks.

(ii) The petitioner is free to approach the

appellate authority in accordance to law during the

above period.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

DM WP(C) NO.6317/2021

APPENDIX OF WP(C) 6317/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LOAN AGREEMENT DATED 12.10.2018 ENTERED BY THE RESPONDENT NO.2 WITH THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER IA NO.1 OF 2020 IN ARBITRATION CASE NO.ARC/HDB/VL/11392/2020 DATED 27.10.2020 PASSED BY THE HON'BLE ARBITRAL TRIBUNAL.

EXHIBIT P3 TRUE COPY OF THE OP(ARB) NO.6 OF 2021 FILED BEFORE THE HON'BLE DISTRICT COURT, KASARGOD.

EXHIBIT P4 TRUE COPY OF THE COUNTER FILED BY THE PETITIONER BEFORE THE HON'BLE DISTRICT JUDGE KASARGOD IN CMA NO.05/2021 IN OP NO.6 OF 2021 DATED 05.02.2021.

EXHIBIT P5 TRUE COPY OF THE ORDER OF THE HON'BLE DISTRICT JUDGE KASARGOD IN CMA NO.05/2021 IN OP NO.6 OF 2021 DATED 05.02.2021.

EXHIBIT P6 TRUE COPY OF THE ORDER IN OP(ARB) NO.06 OF 2021 DATED 05.02.2021 OF HON'BLE DISTRICT JUDGE, KASARGOD.

EXHIBIT P7 TRUE COPY OF THE COMPLAINT IN CC NO.41 OF 2021 FILED BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM KASARGOD DATED 09.02.2021.

EXHIBIT P8 TRUE COPY OF THE INTERIM APPLICATION IN IA NO.41/2021 IN CC NO.41/2021 FILED BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM KASARGOD DATED 09.02.2021.

EXHIBIT P9 TRUE COPY OF THE ORDER IN IA NO.47 OF 2021 IN CC NO.41 OF 2021 DATED 09.02.2021 OF RESPONDENT NO.1.

EXHIBIT P10 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER IN IA NO.47 OF 2021 IN WP(C) NO.6317/2021

CC NO.41 OF 2021 DATED 16.02.2021 BEFORE RESPONDENT NO.1.

EXHIBIT P11 TRUE COPY OF THE PETITION FOR BOND SUBMITTED BEFORE THE HON'BLE DISTRICT JUDGE KASARGOD IN CMA NO.03/2021 IN OP NO.6 OF 2021 DATED 02.02.2021.

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE